Civil Liberties
1,372 Articles
The Posse Comitatus Act, Unlawful Surveillance, and the Exclusionary Rule
Most students of U.S. national security law are familiar with the Posse Comitatus Act (PCA) — an 1878 statute that subjects to criminal punishment anyone who, “except…
The Bells of September
This September 11th, I traveled with my little boy down the tree-lined beauty of Savannah to Reynolds Square where, amidst the draped Spanish Moss, historic Christ Church rang…
Reading Jack Goldsmith’s STELLARWIND Memo (Part I)
In response to a lawsuit first filed eight years ago by the Electronic Privacy Information Center, the government has finally released a less-heavily-redacted version of Jack…
The Very Strange New DoD Detainee Directive
On August 19, the Department of Defense apparently issued a new version of “Directive 2310.01E,” which, if you haven’t been scoring at home, is one of the central…
Renewed focus on statutory construction in the Section 215 litigation
C-SPAN videotaped Tuesday’s oral argument in the U.S. Court of Appeals for the Second Circuit in ACLU v. Clapper, one of the primary challenges to the Section 215 telephony…
DOJ and ODNI Support the Senate Version of the USA FREEDOM Act
The headline won’t surprise those who have been following the surveillance reform debate. But on August 19, Senate Judiciary Committee Chairman Leahy sent a letter to Attorney…
UK Prime Minister David Cameron unveils new counter-terrorism measures
Citing the threat posed by the “creation of an Islamic Caliphate in Iraq and Syria and the Islamist-extremist export of terrorism on which it is based,” UK Prime Minister David…
FISC OKs Section 215 Investigations of Americans, Despite First Amendment
The Foreign Intelligence Surveillance Court declassified an opinion today which, although highly redacted, illuminates the way at least one Judge is interpreting his mandate to…
Hope for Yemeni Detainees?
Over at Politico, Josh Gerstein reports that the Obama administration has broken its self-imposed suspension of transfers to Yemen and sent two long-term detainees from U.S. military…
Intercept Reporting Raises Broader Metadata Minimization Question
Does the NSA minimize Americans metadata? Today’s reporting by the Intercept calls into question whether the NSA minimizes so-called metadata relating to Americans’ digital…
James Foley and the Hostage Act
Some commentators have suggested that the newly disclosed special forces operation to rescue James Foley may have lacked congressional authorization, thereby further underscoring…
Executive Order 12333, Notice, and the Due Process Rights of Criminal Defendants
In a world of electronic surveillance and secret searches, notice is more essential than ever. Notice allows criminal defendants to test whether the government’s evidence was,…